At first glance, the press begs the question of whether this is a defensible fair use or dilution/trademark infringement?
However, if I were the defendants, I would raise a completely different argument. Who actually owns the trademark rights in the Cubs logo and uniform?
I may be in a unique position to answer this question, as I have a client who wanted to use an image of the Wrigley Field sign and the players’ uniforms in a piece of artwork. I spoke to the Cubs’ general counsel and they actually referred me to Major League Baseball’s legal department to negotiate the licensing agreement, that the sign, uniform and logo are owned by MLB, not by the Cubs. And as such, do the Cubs actually have standing to sue?